Iowa Court of Appeals rejects appeal by Decorah lawyer and New Hampton lawyer

The Iowa Court of Appeals has upheld a lower court ruling in a medical malpractice lawsuit in which the plaintiff was represented by attorneys from Decorah and New Hampton.

The case involved Beatrice Kohles, who had knee surgery at Mercy Medical Center in Mason City in December of 2003.  In January of 2006 Kohles filed suit again Mercy, Mason City Clinic and two doctors, claiming physical injuries from the drug therapy she was put on following the surgery.  She filed an application in January of 2007 to add the New Hampton Clinic, the Colonial Manor nursing home in Elma and one other doctor as defendants.  A judge dismissed that application in September of 2008.  A jury ruled unanimously against Kohles and for the doctors and hospital in February of 2009.

Kohles, who was represented by Decorah attorney Nicholas Rowley and New Hampton attorney Nathaniel Schwickerath, filed three appeals with the Iowa Court of Appeals.  

The first appealed the judge's order dismissing the three additional defendants.  The judge had ruled the statute of limitations had expired on adding defendants—and the Appeals Court agreed, saying the plaintiff had knowledge of the facts to support the injury and of the facts to support a cause in June 2004.

The second appeal alleged the court erred in its instructions to the jury, but the Appeals Court ruled there was no error in the jury instructions.

The final appeal said the court was wrong to deny Kohles' motions for new trial after the jury returned a verdict for the remaining defendants.  The Iowa Appeals Court ruled the court did not abuse its discretion in denying plaintiff's motions for a new trial.